The War on Words-Crash vs. Accident

As the father of a toddler, I constantly hear my son claim intentional acts were an "accident."   My wife and I work hard to explain that throwing sand at another kid is not an "accident" and there is not an excuse for that type of behavior.  I think most parents raise their kids the same way. 

However, at some point in our lives things change.   Employees constantly claim that a screw up was an "accident" or "wasn't on purpose"' so that should mitigate the damages they caused.  As a prosecutor I would hear defendants that injure a person in a DUII crash say "it was an accident."  On the show "Cheaters" (yes I watched it) people would be caught being unfaithful to their loved ones.  My favorite excuse was, you guessed it, "It was an accident, I never meant for it to  go this far."  You have to wonder why people are manipulating the word accident.

 It turns out that the word accident has been manipulated by corporation for over a Century.  Much like the brand "Kleenex" is synonymous with the word "tissue", "accident" has become synonymous with a preventable events, such as a "crash" or " human error".  

As a personal injury lawyer, this makes things a little more difficult for my clients in court.  This is due to the fact that the jurors have been pre-conditioned into thinking the bad driver that crashed into my client caused an "accident."  The defense lawyers/insurance lawyers imply because their client did not intend to run the red light they shouldn't have to pay the full amount of the damages they caused.  Many jurors agree, because that has been the way of thinking for decades.     

It turns out there has been a silent war to replace words involving a predictable event with the word "accident."  The New York Times recently wrote an article focusing on the debate between using the word "crash" vs. "accident."  According to the article, corporations used the word "accident" in their safety campaigns to attempt to absolve themselves of liability.   Car manufacturers used the word in the 1920's to absolve themselves of liability for manufacturing defects.  The word "accident" eventually was forced into our current lexicon by insurance companies and has become synonymous with the word "crash"

Here in Oregon, the word accident has replaced the word crash in our laws.  For example, ORS 811.720 notes "When an Accident must be reported to the department of transportation."   ORS 811.745, notes "When an Accident must be reported to  a police officer or law enforcement agency."  ORS 811.725 describes the penalty for "failing to report an accident." 

Is this a big deal?  I believe it is.  The word crash connotes what actually happens when a vehicle collides with something.  The word crash describes the noise, the twisted metal, the broken glass, and the twisted plastic.  It also better describes the crash was caused by human error.  We need to start taking accountability for our actions like we were taught to do.  Claiming things were an accident that were preventable events caused by human error contradicts everything we expect of our kids. 

If you have been involved in a car crash or if you prefer, car "accident," please call Jeremiah Ross at 503.224.1658.  Ross Law LLC will provide a free personal injury consultation to discuss your Oregon car crash.   Please remember the law is constantly changing and the laws cited above may change in the future. 

Memorial Day-It is a Time of Rememberance

Monday is memorial day.  Many people don't really understand the concept of what Memorial Day is about.  Memorial day is more than a day off to hang out at a barbecue or get great bargains during memorial day sales.  

Memorial Day is a time to remember the various men and women that sacrificed their lives so that we are able to live in this Country.  On Monday I will be thinking about the folks that I knew that died defending our Country, and it would be nice if we all did the same thing. 

Jeremiah 

Can You Sue Someone That Over-served a Drunk Driver?

Barbecues and parties are a Memorial Day ritual for many.  Inevitably people consume alcohol at these barbecues.  Sometimes, people get drunk and decide to drive.  Obviously this is a bad idea.  A crash is likely to occur, and the drunk driver will most likely be prosecuted and can be sued civilly for negligence and punitive damages.   However, many times that will not leave the injured party whole.   Additionally, simply suing the drunk driver does nothing to deter people from over-serving alcohol to intoxicated people.  

In Oregon the "Social Host Law" ORS 471.565 allows for injured people to recover for damages caused by intoxicated guests.  The law requires that the "social host" (think home-owner or person throwing the party)  served or provided the booze or beer to the drunk driver while the drunk was visibly intoxicated and the injured person did not contribute to the drunk's intoxication.  

The law applies to negligence and intentional acts.  Therefore, a fraternity may be liable if they over-serve a drunk college student and the drunk college student rapes a young woman.  The host of a party that gets out of hand and a drunk hits and assaults another person may be liable if the host of the party over-served the drunk prior to the assault. 

The law also expands the liability beyond simply the drunk driver.  This allows for an injured person to arguably tap into a home-owner's insurance policy or renter's insurance policy. This is important in catastrophic injury cases where the hospital bills are tens of thousands (or hundreds of thousands of dollars).   The drunk's auto insurance policy may only be $25,000.00.  That is not enough if you have $50,000.00 in medical bills.   However, the social host may have a $300,000.00 home owner's insurance policy.  This would allow the injured person to attempt to collect $325,000.00 from the responsible parties.  

The law makes sense.  Basically don't be a jerk and put people in dangerous situations.   Over-serving alcohol to visibly intoxicated people is obviously a bad idea. It can be a very bad idea if you are aware the drunk is going to get rowdy or behind the wheel.  The law recognizes this.

The Social Host law is somewhat nuanced and has some short deadlines to file a notice with the social host.  Therefore, if you feel you were injured as a result of a person that over-served you, you should consult with an Oregon personal injury attorney as soon as possible.  Failure to give the other side notice may torpedo any potential social host liability. 

If you were injured by a drunk please call Portland Oregon Attorney Jeremiah Ross.   Ross Law LLC is more than happy to provide a free consultation to people that were injured by negligent and intentional acts of drunks.  Please call Ross Law LLC at 503.224.1658 for the free personal injury consultation.  Please remember Oregon Personal Injury law is constantly changing.  Please do not rely on this post for legal advice, and consult with a lawyer to determine your rights in your personal injury case. 

Judgment Enters against Portland RV Wholesale for $15,939.12

I recently represented some clients that were ripped off by a RV Dealer.  The dealer denied any wrongdoing.  The arbitrator disagreed, and found Portland RV Wholesale was in violation of the Unlawful Trade Practices Act (ORS 646.608).  The total award was $15,939.12.

Marijuana Edibles: Holding People Accountable When They Get in The Wrong Hands

Oregon's marijuana industry is exploding at an astounding rate.  The OLCC is now loosening rules relating to marijuana edibles.  These edibles often contain concentrated THC and can vary in potency.   Many of the edibles are harmless.  However, some of the more potent edibles can become harmful if they fall into the wrong hands. 

Edibles are often packaged in packaging that mirrors candy, cookies, and other sweets.  The packaging makes the treats enticing to adults, but also makes them very tempting for kids.   As the father of a two year old, I am constantly amazed at the time and effort a toddler will dedicate to discovering and consuming a cookie.

What happens when a child consumes marijuana edibles?  According to the Children's Hospital in Colorado, a child may become extremely drowsy, have difficulty breathing, and in some cases may enter a coma and need the assistance of a ventilator. The hospital notes that most children will require hospitalization if they ingested a marijuana edible. 

Who is responsible for paying the medical bills if a child is hospitalized due to consuming a marijuana edible?  The answer is not clear. Insurance may pay the medical bills, but then assert a lien over any amount that they paid, and often insurance doesn't pay the full amount.  Many people may assert it is the parents fault for not watching their children, or keeping the edibles in a place accessible to children.  However, Oregon Law has parental immunity that may protect the parents in this situation.  Other times the children may obtain the marijuana edibles at a friend's house or some other place.  If that is the case, then the person who possessed the edibles may be responsible.  In some cases the manufacturer may be responsible.  

Can the child obtain compensation for the harms and losses they suffer from eating marijuana edibles?  Maybe.  One of the issues would be how severely harmed was the child.  It is unlikely that a child who eats edibles that makes him drowsy would recover very much.  However, a child that suffers respiratory issues that reduced oxygen levels to dangerous levels may be awarded a substantial amount of money.

If you or someone you know have a child who consumed marijuana edibles and was hospitalized, please call Portland, Oregon Attorney Jeremiah Ross.  Ross Law LLC provides a free consultation for personal injury clients and is happy to discuss your child's case with you.   Please remember this is an attorney blog, that could be considered attorney advertisements.  Also, please note each case is unique and the law is constantly changing.  Do not rely solely on this blog, as it is not legal advice. For more information call 503.224.1658. 

Roads are Safer than Hospitals According to Johns Hopkins

For years we have been told that roads are dangerous and one of the leading causes of death in the United States.  A new study by Johns Hopkins just confirmed that Hospitals are more dangerous than car accidents.  The study analyzed statistics regarding the causes of death and determined that "medical errors" are the THIRD leading cause of death in America. 

"Patient Safety" appears to be entering the main-stream.  The Washington Post article highlights how these issues are just now coming to light.   For years people were told and believed that Doctors rarely make mistakes, and when they do Doctors often receive a "pass" because of all of the people they help.   Hospital Administrators and Insurance Companies appear to be losing ground on the public relations front, and people are waking up. 

The article mentions many of the complexities that must be resolved before we discover how large this problem truly is.  One of those issues are secret "medical review boards." Here in Oregon, many hospitals have medical review boards that analyze medical mistakes.  However, those review boards and there findings are secret.  This makes it difficult to track the number of mistakes and learn who is making them and how often.   This process in Oregon needs to be changed to allow more transparency, so patients can make informed treatment decisions. 

If you have been harmed by a "medical error" or medical malpractice please call Jeremiah Ross at 503.224.1658.  

Ross Law Obtains $50,000.00 Policy Limits Settlement for "Soft Tissue Injury"

Many insurance companies refuse to pay full value on cases involving soft-tissue or whiplash type injuries.  Insurance companies are skeptical of people claiming soft-tissue injuries, so they minimize the value.   However, soft tissue injuries can have an enormous impact on an injured person's life.   The constant pain can become overwhelming and interfere with every aspect of a person's life.

I recently represented a client that was involved in a Portland Oregon car crash.  The crash caused soft tissue injuries ("whiplash") to his neck.   The client had pre-existing neck injuries, so that complicated the case.   The insurance company stone-walled and would not tender the $50,000.00 policy limits.   The adjuster asserted it was a "soft tissue" case, and discounted it on that basis. 

I filed the case and and initiated discovery.  In return, the defense sent my client to a Defense Medical Exam (aka IME).  The Defense Medical Examiner gave his standard spiel relating to pre-existing condition and gave the insurance company the opinion they had paid for.   

Despite these challenges, I continued to push the case forward and insist on the policy limits settlement.  Eventually, the insurance company capitulated to our demands and tendered the policy limits.   

Soft tissue cases can have an enormous impact on a person's life.  These injuries should be compensated like any other injury, and can have significant value.   If you have been injured in a crash and have suffered soft tissue injuries, please call Jeremiah Ross at 503.224.1658.  The Personal Injury consultation is free, and there is not any obligation to you. Please remember that all cases are unique and results may vary.  Your case may not have the same value. 

School Assaults-Avoidable Tragedies

School-yard fights are nothing new.  There have probably been fights at school since the first school opened.   However, it appears the fights are getting more serious.  Teenagers are displaying a new level of brutality to others.   What was once a school yard fight between two kids has become a scenario where numerous kids are jumping one kid, or the kids are fighting with weapons.   These attacks can have tragic results. 

I recently read an article about the young girl that was brutally beaten to death in a high-school bathroom.    Witnesses note that the fight initially started out between the deceased victim and another girl.  Then other girls joined the fight to attack the victim.  Within minutes the deceased victim was beaten to death in a high-school bathroom.  

The question becomes what do we do to prevent these incidents.   I recently settled a case against an Oregon educational institution where a young woman was attacked by a young man.   While investigating that case it became apparent that young people are not going to be safe at school.  Security Officers are only as good as the people that train them, and the budget won't permit hiring more security. Teachers rely on security and law-enforcement to address any violent actions, and may not want to deal with the problem children.  Despite having security and law enforcement on many campuses the brutal attacks persist.   Many of these on-campus attacks could have been prevented or stopped before things became serious if people were simply doing their jobs.

If you, or someone you know, has been attacked at school you should call a lawyer to hold all people accountable.  Many times the lapses in security will not be addressed until the schools are forced to due to media pressure or pressure from a lawsuit.   Jeremiah Ross at Ross Law LLC is happy to discuss whether or not you may have a civil case against the responsible parties.  Please call 503.224.1658 to chat with Jeremiah.    

PLEASE NOTE THAT THIS BLOG IS AN ATTORNEY ADVERTISEMENT.  Your case maybe unique so please contact a lawyer and do not rely solely on the contents of this blog.